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Law G151 > Sentencing > Flashcards

Sentencing Flashcards

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0
Q

What are the 4 aims of sentencing?

A
  1. Punishment
  2. Reduction of crime
  3. Protection of public
  4. Reparation
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1
Q

What is recidivism?

A

Reoffending rate- indicates success of sentencing

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2
Q

Punishment (Retribution)

A

Making people pay for their crime

Proportionality- punishment must fit the crime ‘just deserts’

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3
Q

Deterrence

A

Individual deterrence- stop that offender reoffending
General deterrence- to stop others committing crime
A) normal level of sentence should be enough to deter people
B) exemplary sentence may be used when particular crime is rising

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4
Q

Protection of society

A

To incapacitate the criminal- prison, death penalty, castration of rapists

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5
Q

Rehabilitation

A

Penalty should fit the individual with their needs being assessed
Prison rule 1- teaching the offender to lead a good and useful life

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6
Q

Reparation

A

Victim of the crime must be compensated in some way:

  • offender pays back society or the victim directly
  • offender may have to dig victims garden, return stolen property
  • mags or judges may make compensation order
  • community penalties require offenders to make reparation to society as a whole
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7
Q

What other factors must a court consider?

A
  1. Tariff system- Individual guidelines- judges starting point maybe increased or lowered according to aggravating/mitigating factors
  2. Seriousness of offence within its type
  3. Aggravating factors
  4. Mitigating factors
  5. Offender considerations
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8
Q

What are the aggravating factors?

A 
Unnecessary violence
Vulnerable victim
Breach of trust
Group offending
Prejudice
Use of weapon
Adult involving
Premeditation/ planning
Offence committed on bail
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9
Q

What are the mitigating factors?

A 
Early guilty plea
First offence 
Remorse 
Domestic/financial problems 
Impulse (not planned)
Cooperating with police 
Provocation
Age
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10
Q

What is the hierarchy of sentencing from the most important?

A

Custodial
Community penalty
Financial
Discharge

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11
Q

What is the sentencing procedure?

A 
Prosecutor gives details of offence
Prosecutor gives details of antecedents 
Maybe an adjournment or PSR
Defence give plea in mitigation
Sentence is passed
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12
Q

What are the three tariffs for mandatory murder?

A

Whole life
30 years minimum
15/12 years minimum

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13
Q

What are the 4 factors that lead to whole life?

A
  1. Two or more victims involving specific aggravating factors
  2. Murder of child involving abduction, sexual or sadistic motivation
  3. Murder for political, religious or ideological cause
  4. Previous conviction for murder
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14
Q

What are the 8 factors that lead to 30 years life sentence?

A
  1. Murder of a police or prison officer in the course of duty
  2. Involving the use of a firearm or explosive
  3. For gain, such as robbery, burglary or for payment
  4. Intended to obstruct or interfere with the course of justice
  5. Involving sexual or sadistic conduct
  6. Murder of two or more persons
  7. Racially or religiously aggravated or aggravated by sexual orientation
  8. Murder falling within paragraph 4(2) by an offender aged under 21
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15
Q

What can get an offender a 15(12) year sentence?

A

If aged 18 or over at date of offence, minimum term of 15 years but if under 18 at date of offence minimum term of 12 years

16
Q

What is discretionary life sentence?

A

Imprisonment for public protection- another indeterminate sentence used for dangerous offenders
E.G. Manslaughter and robbery can carry life imprisonment but they do not have to

17
Q

What is a fixed term sentence?

A

A certain number of years or months given (5 day minimum)

18
Q

What is the custody threshold test S152?

A

Custody only to be given if the offence:

  • is so serious a fine or community sentence can not be justified- S152(2) CJA 2003
  • if offender refuses to comply with the requirements of a community order
  • the offender is convicted of a specified sexual or violent offence and the court finds that the offender poses a risk to harm the public
19
Q

What are the 3 minimum sentences? Criminal Justice Act 2003

A
  1. Automatic life if convicted of 2nd serious sexual or violent offence
  2. A minimum of 7 years for anyone 18 and over who is convicted on 3 separate occasions of dealing with Class A drugs
  3. Minimum of 3 years for those convicted of 3rd burglary of a dwelling
20
Q

What is parole or early release?

A
  • early release is on licence
  • CJA 2003 prisoners only serve half of their sentence unless a ‘dangerous’ offender
  • all offenders remain on licence until the end of their sentence
21
Q

What is a suspended prison sentence?

A

A prison sentence of up to 2 years (6months in mags) can be suspended for up to 2 years
Only given if:
-prison is appropriate for the case
-there is exceptional circumstances
-if they re-offend they will be sent to prison

22
Q

What is a home detention curfew?

A

Sentences between 3 months and 4 years can be given early release with tagging and curfew
Offenders are risk assessed, no automatic right to it
Violent and sex offenders cannot get home detention curfew

23
Q

What is the one advantage to prison and the 2 disadvantages?

A

ADVANTAGE- public are protected

DISADVANTAGES- prison doesn’t seem to rehabilitate
Prison is expensive

24
Q

What are the aims of community orders?

A

Reform
Rehabilitate
Repay society

Law G151 (13 decks)

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